IIA

103D CONGRESS

2D SESSION H. R. 5140

IN THE SENATE OF THE UNITED STATES

OCTOBER 6 (legislative day, SEPTEMBER 12), 1994

Received

OCTOBER 8 (legislative day, SEPTEMBER 12), 1994

Read twice and referred to the Committee on Armed Services

AN ACT

To provide for improved procedures for the enforcement of

child support obligations of members of the Armed Forces.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ENFORCEMENT OF CHILD SUPPORT OBLIGA4 TIONS OF MEMBERS OF THE ARMED FORCES.

5 (a) AVAILABILITY OF LOCATOR INFORMATION.—

6 (1) MAINTENANCE OF ADDRESS INFORMA7 TION.—The Secretary of Defense shall establish a

8 centralized personnel locator service that includes

9 the address of each member of the Armed Forces

10 under the jurisdiction of the Secretary. Upon re11 quest of the Secretary of Transportation, addresses
2

•HR 5140 RFS

1 for members of the Coast Guard shall be included in

2 the centralized personnel locator service.

3 (2) TYPE OF ADDRESS.—

4 (A) RESIDENTIAL ADDRESS.—Except as

5 provided in subparagraph (B), the address for

6 a member of the Armed Forces shown in the lo7 cator service shall be the residential address of

8 that member.

9 (B) DUTY ADDRESS.—The address for a

10 member of the Armed Forces shown in the loca11 tor service shall be the duty address of that

12 member in the case of a member—

13 (i) who is permanently assigned over14 seas, to a vessel, or to a routinely

15 deployable unit; or

16 (ii) with respect to whom the Sec17 retary concerned makes a determination

18 that the member’s residential address

19 should not be disclosed due to national se20 curity or safety concerns.

21 (3) UPDATING OF LOCATOR INFORMATION.—

22 Within 30 days after a member listed in the locator

23 service establishes a new residential address (or a

24 new duty address, in the case of a member covered

25 by paragraph (2)(B)), the Secretary concerned shall
3

•HR 5140 RFS

1 update the locator service to indicate the new ad2 dress of the member.

3 (4) AVAILABILITY OF INFORMATION.—The Sec4 retary of Defense shall make information regarding

5 the address of a member of the Armed Forces listed

6 in the locator service available, on request, to the

7 Federal Parent Locator Service.

8 (b) FACILITATING GRANTING OF LEAVE FOR AT9 TENDANCE AT HEARINGS.—

10 (1) REGULATIONS.—The Secretary of each

11 military department, and the Secretary of Transpor12 tation with respect to the Coast Guard when it is

13 not operating as a service in the Navy, shall pre14 scribe regulations to facilitate the granting of leave

15 to a member of the Armed Forces under the juris16 diction of that Secretary in a case in which—

17 (A) the leave is needed for the member to

18 attend a court hearing described in paragraph

19 (2);

20 (B) the member is not serving in or with

21 a unit deployed in a contingency operation (as

22 defined in section 101 of title 10, United States

23 Code); and

24 (C) the exigencies of military service (as

25 determined by the Secretary concerned) do not
4

•HR 5140 RFS

1 otherwise require that such leave not be

2 granted.

3 (2) COVERED COURT HEARINGS.—Paragraph

4 (1) applies to a court hearing that is conducted in

5 connection with a civil action—

6 (A) to determine whether a member of the

7 Armed Forces is a natural parent of a child; or

8 (B) to determine an obligation of a mem9 ber of the Armed Forces to provide child sup10 port.

11 (3) DEFINITIONS.—For purposes of this sub12 section:

13 (A) The term ‘‘court’’ has the meaning

14 given that term in section 1408(a) of title 10,

15 United States Code.

16 (B) The term ‘‘child support’’ has the

17 meaning given such term in section 462 of the

18 Social Security Act (42 U.S.C. 662).

19 (c) PAYMENT OF MILITARY RETIRED PAY IN COM20 PLIANCE WITH COURT ORDERS.—

21 (1) DATE OF CERTIFICATION OF COURT

22 ORDER.—Section 1408 of title 10, United States

23 Code, is amended—

24 (A) by redesignating subsection (i) as sub25 section (j); and
5

•HR 5140 RFS

1 (B) by inserting after subsection (h) the

2 following new subsection (i):

3 ‘‘(i) CERTIFICATION DATE.—It is not necessary that

4 the date of a certification of the authenticity or complete5 ness of a copy of a court order for child support received

6 by the Secretary concerned for the purposes of this section

7 be recent in relation to the date of receipt by the Sec8 retary.’’.

9 (2) PAYMENTS CONSISTENT WITH ASSIGN10 MENTS OF RIGHTS TO STATES.—Subsection (d)(1)

11 of such section is amended by inserting after the

12 first sentence the following: ‘‘In the case of a spouse

13 or former spouse who, pursuant to section

14 402(a)(26) of the Social Security Act (42 U.S.C.

15 602(26)), assigns to a State the rights of the spouse

16 or former spouse to receive support, the Secretary

17 concerned may make the child support payments re18 ferred to in the preceding sentence to that State in

19 amounts consistent with that assignment of rights.’’.

20 (3) ARREARAGES OWED BY MEMBERS OF THE

21 UNIFORMED SERVICES.—Section 1408(d) of title 10,

22 United States Code, is amended by adding at the

23 end the following new paragraph:

24 ‘‘(6) In the case of a court order for which effective

25 service is made on the Secretary concerned on or after
6

•HR 5140 RFS

1 the date of the enactment of this paragraph and which

2 provides for payments from the disposable retired pay of

3 a member to satisy the amount of child support set forth

4 in the court order, the authority provided in paragraph

5 (1) to make payments from the disposable retired pay of

6 a member to satisy the amount of child support set forth

7 in a court order shall apply to payment of any amount

8 of child support arrearages set forth in that court order

9 as well as to amounts of child support that currently be10 come due.’’.

Passed the House of Representatives October 5,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.